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Japan's whalers defy Antarctic laws - new report

Wednesday, January 21, 2009

(Sydney, Australia - 20 January 2009) - An independent group of Antarctic law and policy experts, convened in Canberra by IFAW (International Fund for Animal Welfare), has released a report detailing options available to the Australian government to challenge Japan’s whaling programme through the Antarctic Treaty System (ATS).

“The report creates a
new diplomatic and legal front for the Australian government to challenge Japan’s Southern
Ocean whaling programme as being inconsistent with the Antarctic legal regime,”
Canberra Panel Chair and Australian National University Professor of
International Law, Don Rothwell, said.

Under the ATS any
activities in the extremely sensitive Antarctic and Southern Ocean are subject
to rigorous environmental impact assessments before they are permitted to
proceed. Activities include the construction of new scientific bases, tourism
and scientific research.

Despite their whaling
programme being one of the biggest maritime operations in the Antarctic every
year, the government of Japan has not met this obligation.
Currently the whalers operate with sub-Antarctic standard vessels and undertake
extremely dangerous operations such as refuelling at sea. The environmental
risks associated with Antarctic whaling were clearly highlighted in 2007 by the
explosion and subsequent fire onboard the whale factory vessel, the Nisshin Maru, which could have resulted
in the spillage of chemicals and hundreds of tonnes of fuel
oil.

“Antarctica
and the Southern Ocean are governed by one of the most comprehensive
environmental legal regimes. Why is Japanese whaling exempt from that regime?”
Professor Rothwell said.

“Antarctica has been designated as a natural reserve to
protect its unique environment for future generations. Japanese whaling is
already a stain on this environment,” IFAW Programmes Manager Darren
Kindleysides said.

“It is inexplicable and
inexcusable that Japan’s whalers be allowed to operate
without any accountability. IFAW urges the Australian government to lodge a strong protest at
the next Antarctic Treaty Consultative Mechanism meeting in America in
April,” Mr Kindleysides said.

The Canberra Panel
report endorses previous Legal Opinions, sought by IFAW, that
concluded the Australian government
can take Japan to the International Court of Justice or the International
Tribunal for the Law of the Sea to challenge the legitimacy of Japan’s
‘scientific’ whaling programme.

“The Australian government has been provided with yet
another legal and diplomatic avenue for stopping Japan’s illegal,
inhumane and unnecessary whaling programme. The government must take
responsibility for upholding international laws, fulfil its election promises
and stop Japan’s whaling programme once and
for all,” Mr Kindleysides said.